REGULAR CITY COUNCIL MEETING MINUTES
COUNCIL CHAMBERS – CITY HALL
1000 CITY CENTER CIRCLE
FEBRUARY 15, 2011
THE REGULAR CITY COUNCIL MEETING of the City of Port Orange was called to order by Mayor Allen Green at 7:00 p.m.
Pledge of Allegiance
Roll Call: Present: Councilman Bob Ford
Councilman Donald Burnette
Councilman Bob Pohlmann
Vice Mayor Dennis Kennedy
Mayor Allen Green
Also Present: Kenneth W. Parker, City Manager
Margaret T. Roberts, City Attorney
Robin Fenwick, Deputy City Clerk
SPECIAL RECOGNITION AND PROCLAMATIONS
Mayor Green recognized Darryl Idle for his years of service in the South Daytona Parks and Recreation program. Darryl’s funeral was held today and there will be a hole in South Daytona. Darryl gave 25 years to the youth organizations in South Daytona and cannot be replaced.
CITIZEN PARTICIPATION (Agenda)
Randell Brown, Outreach Coordinator for Florida Chief Financial Officer Jeff Atwater addressed the Council and discussed Mr. Atwater’s goals. He advised Council and the public to search their names on www.myfloridacfo.com for unclaimed property. Their help line is 877-693-5236.
CITIZEN PARTICIPATION (Non-Agenda – 15 Minutes)
Ted Noftall asked Mayor Green questions regarding City of Port Orange policies. Mayor Green answered his questions.
5. Approval of Minutes
a) January 25, 2011 – Budget Workshop
b) January 25, 2011 – Regular City Council Meeting
c) January 31, 2011 – Special Meeting
d) February 1, 2011 – Goals Workshop
e) February 1, 2011 – Recognition of Police and Citizens
f) February 1, 2011 – Regular City Council Meeting
6. Staff Reports - Building Activity Report for December 2010 and Monthly Development Activity Report for January 2011
7. Special Event Request – The Last Resort Bar
8. Special Event Request – First Turn
9. Special Event Request – The Ice Bar & Grill
10. Award Bid #B11-06, Spruce Creek Estates Drainage Improvements
11. Approval to Waive Formal Bid Procedure and Piggyback City of Orlando’s Contract with Reynolds Inliner LLC
Mayor Green pulled item #9 for further discussion.
Councilman Ford pulled item #7 for further discussion.
Motion by Councilman Burnette to approve Consent Agenda Items #5, 6, 8, 10, 11, Seconded by Vice Mayor Kennedy. Motion carried unanimously by voice vote.
Item #7: Councilman Ford hesitates to extend the music by 1 hour for the special events. The other bars and restaurants are abiding by the 10pm cutoff. Deborah Faircloth, Code Compliance Inspector, advised Council that they request it every year, but Council has not granted it in the past.
Motion by Councilman Ford to amend the Motion to 10pm, and then approve Consent Agenda Item #7, and Seconded by Councilman Pohlmann. Motion carried unanimously by roll call vote.
Item #9: Mayor Green asked the status of the renovations to the ICE Bar & Grill. He wants to make sure it is a conditional approval based on the final permits and approvals with the City. Deborah Faircloth, Code Compliance Inspector, confirmed that condition #25 states they must have all building permits, Certificate of Occupancy, City Business Tax receipt, and Alcohol license prior to the event otherwise this request is null and void.
Motion to Approve Consent Agenda Item #9 subject to all 25 conditions being met made by Vice Mayor Kennedy, and Seconded by Councilman Pohlmann. Motion carried unanimously by roll call vote.
FINANCE (John Shelley)
12. Resolution No. 11-8 – Budget Appropriations
RESOLUTION NO. 11-8
A RESOLUTION OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; APPROPRIATING OPERATING AND CAPITAL FUNDS FOR VARIOUS CITY OPERATIONS; SETTING FORTH REVENUES AND EXPENDITURES; AND PROVIDING AN EFFECTIVE DATE.
Motion to Approve made by Councilman Pohlmann, and Seconded by Vice Mayor Kennedy.
Councilman Burnette clarified that the change order for fire station #73, now we are doing the same thing for the Allen Green Bldg.
Mr. Parker explained that the same issues have been found on this building, and it has also required additional inspection times because of the conditions.
Mayor Green also explained the issues with the roof repairs.
Councilman Burnette hopes that there will not be change orders for every roof repair project we have.
Councilman Ford has a concern regarding the bid process. He wants to understand the process and feels something went wrong when we have change orders before the work has even begun.
Mayor Green explained more of the issues with the roof, materials were not has they were on the bid documents. The architect messed that up. R&R stayed with the project but it cost more because of the wrong materials.
Councilman Ford is also concerned with the price of the inspector and the fact that he has to be there for 40 hours a week.
Mayor Green clarified that the inspector is not there 40 hours a week, it’s an as needed basis and we don’t have the staff to pull City inspectors from their inspections.
Mr. Parker will pull the numbers and hours and City inspector logs and bring that back to Council.
Councilman Ford wants to know how we can avoid this in the future. How can we hold the architect’s feet to the fire?
Councilman Pohlmann asked if this includes all three buildings, including City Hall.
Mr. Parker said yes, and we believe we will have the same issues when we open City Hall.
Councilman Ford asked if we are expecting change orders when they begin work on City Hall.
Mr. Parker said he hopes not, but realistically, probably so based upon what we’ve seen on the other buildings. They are constantly uncovering problems.
Councilman Pohlmann believes there will always be change orders involved.
Vice Mayor Kennedy agrees with Councilman Ford that we need to do a better job implementing the documents so this doesn’t happen as often. He doesn’t see any way not to approve this now.
Mayor Green reminded all that the contractor doesn’t warranty the product, it is the manufacturer. We need to follow the guidelines of the warranty. One of the changes to the process is going to be having someone track the warranty guidelines and inspections.
Motion carried unanimously by roll call vote.
COMMUNITY DEVELOPMENT (Wayne Clark)
13. Second Reading – Ordinance No. 2010-28 – Rezoning – First United Pentecostal Church of Greater Daytona from “A” and “R-8SF” to “GPU” (1495 Herbert St.)
ORDINANCE NO. 2010-28
AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, REZONING APPROXIMATELY 1.9 ACRES LOCATED AT 1495 HERBERT STREET, FROM “A” (AGRICULTURAL) AND “R-8SF)” (SINGLE-FAMILY RESIDENTIAL) TO “GPU” (GOVERNMENT/PUBLIC USE); PROVIDING FOR CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
Motion to approve made by Vice Mayor Kennedy, and Seconded by Councilman Burnette.
No comments from Council members. Mayor Green asked for public comments and Philip Klema addressed the Council, advising them of a previous case he was involved in years ago regarding the same issue of rezoning for a church. The Supreme Court in that case ruled that a City cannot apply zoning to churches. He said Council can do whatever they want, but they can’t apply zoning without repercussions from the Supreme Court. He doesn’t want to have the liability with the City.
Mayor Green asked for any further comments.
Vice Mayor Kennedy expressed concern about the ability to view site plans and the like on the laptop. He finds it difficult to view them. Mr. Parker advised that we can provide hard copies to him in those incidents.
Councilman Burnette commented that it is zoned agriculture right now and doesn’t believe anything could be grown on the land.
No further comment, Mayor Green called for a vote.
Motion carried with a 4-1 roll call vote with Mayor Green voting no.
14. First Reading – Ordinance No. 2011-4 – Adoption of the 2010 Capital Improvements Element Annual Update
ORDINANCE NO. 2011-4
AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, RELATING TO COMPREHENSIVE PLANNING; PROVIDING FOR ADOPTION OF AMENDMENTS TO THE COMPREHESIVE PLAN; AMENDING THE CAPITAL IMPROVEMENTS ELEMENT; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
Motion to Approve by Vice Mayor Kennedy, and Seconded by Councilman Pohlmann.
Councilman Pohlmann asked if this is ongoing.
Penelope Cruz explained the need for the 2010 Capital Improvements Element Annual Update.
Councilman Burnette asked where we get the standards.
Penelope Cruz explained that our standards are mostly in line with State and National standards, but some are higher than the State and/or National standards.
Mr. Parker explained that there is no debit in this item. He asks staff to look at the demographics of our community to compare them to the standards and to ensure that we are ahead of the curve.
No public comments.
Motion carried unanimously by roll call vote.
15. First Reading – Ordinance No. 2011-6 - Notification of Proposed Change (NOPC) to the Development Order for the Pavilion at Port Orange Development of Regional Impact (DRI) – Amendment #1 Case No. 10-17000001
ORDINANCE NO. 2011-6
AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, AMENDING THE PAVILION AT PORT ORANGE DEVELOPMENT OF REGIONAL IMPACT DEVELOPMENT ORDER; EXTENDING THE BUILD OUT DATE FOR PHASE I AND PHASE II; PROVIDING FOR CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
Motion to Approve made by Vice Mayor Kennedy, and Seconded by Councilman Burnette.
Debra Ousley, attorney for the developer, explained their position and that their request is based on legislative senate bills. Bob Elliott, CBL & Associates, reported that the Port Orange Pavilion is about 97% occupied or committed.
Mayor Green asked Mr. Elliott for his thoughts on working with the City of Port Orange.
Mr. Elliott believes that as long as the developer has a plan in line with the City, things will work well, if not, it will be more difficult.
Motion carried unanimously by roll call vote.
16. Addendum to the Quentin Hampton Associates Contract for Roof Inspection Services Related to the City Re-roofing Contract
Mayor Green read the proposal.
Motion to Approve made by Vice Mayor Kennedy, and Seconded by Councilman Pohlmann
Councilman Pohlmann asked if the inspections include city hall. Mr. Parker said no. Mayor Green advised that the roofer has looked at the roof at City Hall and has tried to anticipate problems.
Councilman Burnette stated that he is glad we are putting plans in place to address the change order issue. Mayor Green clarified that we are changing the whole bidding process, not just as it relates to the re-roof. Mr. Parker advised Council that there will be a meeting in April addressing the purchasing process.
Councilman Ford cannot in good faith approve the request. He feels the architect should pay, not the City.
Mike Hill, Community Development Engineer, explained that Frank Flagg has been on the roof extensively because the contractor needs guidance right away so there is no down time, which will cost the City money as well. He said issues are coming up daily and need to be addressed otherwise we have to pull city inspectors from their other inspectors.
Wayne Clark, Community Development Director, advised that he has nothing to add but can answer questions. Mayor Green asked what he would do differently. Mr. Clark agreed with what Council has already discussed, the corrections need to be done at the beginning of the process.
Kerry Leuzinger, Building Official, concurs with Mr. Clark and Mr. Hill. He also pointed out that we do not have the staff to pull them off of their daily inspections to stay on this project all day.
No public comment, Mayor Green called the vote.
Motion carried 4-1 with Councilman Ford voting no.
17. Proposed Change Order for R&R Industries for additional work required at the Allen Green Center
Motion to approve made by Councilman Burnette, and Seconded by Vice Mayor Kennedy.
Councilman Ford disagrees with the City paying for this work. He feels the architect should pay. Mr. Parker advised Council that that is a separate legal issue. Attorney Roberts advised Council that we have a two (2) year statute of limitations on the issue. We can bring a claim within two (2) years of discovering the issue.
Councilman Burnette agrees with Councilman Ford that the City shouldn’t have to pay for the architect’s errors. We should be able to hold them accountable.
Mayor Green advised that the City is partly to blame because there is not a process in place to track the warranties on these repairs and products.
Motion carried 4-1 with Councilman Ford voting no.
18. Request to Refund a Portion of the Building Permit Fees for Bealls Outlet Interior Build-Out Permit #10-3637
Mr. Parker advised Council that the building owner called and requested a continuance for one week.
Motion to approve continuance for one week made by Vice Mayor Kennedy, and Seconded by Councilman Pohlmann. Motion carried unanimously by voice vote. Item continued until February 22, 2011.
19. Dedication of Right-of-Way Along Herbert Street 1495 Herbert Street Case No. 10-80000007
Motion to Approve made by Councilman Burnette, and Seconded by Councilman Pohlmann.
Tim Burman, Principal Planner, explained that this is needed so that staff can approve the site plans.
Councilman Burnette asked what this is linked to. Mr. Burman said it is linked to a site plan reviewed at staff level. Councilman Burnette has trouble approving something that is linked to something he has not seen.
Site Plan was shown on overhead. Discussion was held regarding parking issues.
Motion carried unanimously by roll call vote.
PUBLIC WORKS (Warren Pike)
20. Resolution No. 11-9 – Maintenance Agreement with Florida Department of Transportation (State Right-of-Ways)
RESOLUTION NO. 11-9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE A HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR MAINTENANCE OF THE RIGHT-OF-WAYS LOCATED ON RIDGEWOOD AVENUE (SR 5), NOVE ROAD (SR 5A), DUNLAWTON AVENUE (SR 421), SR 5 (SR A1A) AND PENINSULA DRIVE (SR 441); DIRECTING THE CITY CLERK TO FORWARD A COPY OF SAID RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
Motion to Approve made by Vice Mayor Kennedy, and Seconded by Councilman Burnette. Motion carried unanimously by roll call vote.
A. HUMAN RESOURCES (Rob Zicker)
21. Second Reading – Ordinance No. 2011-3 – IRS Revision for Police Pension Ordinance
ORDINANCE NO. 2011-3
AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, AMENDING THE CITY OF PORT ORANGE POLICE PENSION FUND TO PROVIDE FOR COMPLIANCE WITH STATE AND FEDERAL LAWS AND REGULATIONS AND SECTION 401(a) OF THE INTERNAL REVENUE CODE BY AMENDING SECTIONS 54-122, 54-129, 54-130 AND 54-139 RELATING TO DEFINITIONS, PAYMENT OF BENEFITS, BENEFIT LEVEL AND DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
Motion to Approve made by Vice Mayor Kennedy, and Seconded by Councilman Pohlmann. Motion carried unanimously by roll call vote.
B. ADMINISTRATION (Ken Parker)
22. Direction on the B-23 Canal Dredging and Seawall Reconstruction Project and Close-Out of Rose Bay
Shannon Lewis, Assistant City Manager, gave background regarding the B-23 dredging project and explained the current issues regarding the Rose Bay and B-23 projects.
Councilman Ford asked Ms. Lewis what the difference in money would be, on the high side. Ms. Lewis answered $18,331.60 if no participation is received from the County. Mr. Parker advised Council that according to Jim Dineen, the county is onboard.
Councilman Burnette asked for a timeframe. Ms. Lewis advised the contract states 90 days. Discussion was held regarding the Rose Bay project vs. B-23. Councilman Burnette asked if there is any seawall that the City owns and we will have to replace. Ms. Lewis answered yes, about 40%. Councilman Burnette stated that he is glad this project is finally coming to an end. Councilman Pohlmann agrees. Discussion was held regarding the spoil island.
Vice Mayor Kennedy asked if the issues with the dock that was built without permits were taken care of. Ms. Lewis answered yes, the City has met with the homeowner and the dock will be taken care of so that dredging can begin.
Paul Wesley spoke regarding the licensing agreements and thinks homeowners should be able to use their land, but has a problem with 3 Cedar St. The building is too big.
Linda Bramerel spoke regarding the licensing agreements. She is in agreement with the licensing agreements, but doesn’t want to see it become a public parking lot, which is already starting to happen.
Councilman Ford believes we should have a discussion with the homeowners in the area regarding the licensing agreement. He agrees with Ms. Bramerel that it should not be a parking lot.
Councilman Burnette agrees that we need to be considerate and giving with the residents regarding licensing.
Vice Mayor Kennedy agrees that one more meeting with the homeowners would not be a bad idea.
Mayor Green pointed out that the licensing agreements need to be fair and equitable to both parties.
Motion to move forward with Appendix B made by Councilman Ford, and Seconded by Councilman Pohlmann. Motion carried unanimously by roll call vote.
23. Second Amendment to the Agreement Between the St. John’s River Water Management District and the City of Port Orange – Rose Bay Cooperative Funding Agreement
Item #23 was handled during discuss under Item #22. No further discussion is necessary.
24. City Manager’s Annual Performance Evaluation
Mr. Parker advised the Council members that he has provided them with details relating to his goals for the previous year and the status of each goal, as well as goals for the upcoming year. The Council members can now comment and advise Mr. Parker of his performance from the previous year.
Vice Mayor Kennedy believes we need to keep Mr. Parker as the City’s Manager. He believes there are a lot of goals and objectives in the proposal and agrees with what has been laid out. Some items may need to be prioritized. City Manager’s performance has been good.
Councilman Pohlmann’s opinion is that Mr. Parker has good communication skills, great knowledge about the city, which is invaluable. His 25+ years as our City Manager is unheard of. He has a lot of accolades for Mr. Parker and believes he has a good leadership team for the City, he is loyal to the City and the employees, he is respectful to our citizens, he sees the big picture, takes good direction from Council. Councilman Pohlmann believes his goals are encouraging. Mr. Parker cannot be blamed for the unfunded liability. Those were Council approved issues. Councilman Pohlmann would like to see changes within the city of Port Orange, we can’t do business the same as we have in the past. Port Orange has earned city of the year under Mr. Parker and Mr. Parker has earned City Manager of the year. Councilman Pohlmann supports Ken Parker as City Manager for the City of Port Orange.
Vice Mayor Kennedy supports Mr. Parker’s number one goal regarding unfunded liability.
Mayor Green also agrees with cutting unfunded liability, but believes we need to “stop the bleeding” before we throw money at it.
Councilman Burnette believes unfunded liability and debt issues are critical and agrees with Mr. Parker’s goals. He believes also that we need to be results driven with regard to labor relations, City Manager needs to be given credit along with others for where we’ve come with regards to labor relations. Councilman Burnette has been very accessible and knowledgeable and is a major asset with institutional knowledge from Mr. Parker and the entire management team. Believes he is right on target and pleased with the direction of the City.
Councilman Ford believes Mr. Parker is the most knowledgeable and hardest working individuals he knows. The concerns Councilman Ford has as a new councilmember is with information. He disagrees that Mr. Parker should be walking the neighborhoods, but believes that the Council members should be walking the neighborhoods. Councilman Ford thinks that we need to build a leadership team since we are all aging. He is concerned that Staff is not building a new leadership team to replace those who will be retiring soon. He needs to figure out how he can work with Mr. Parker to get the information he needs. Problem #2: He doesn’t know how to judge Mr. Parker because policy vs. management has him confused. He doesn’t feel he should rate or judge Mr. Parker at this time because he doesn’t have enough information. He has a problem with Mr. Parker going to Tallahassee and discussing policies. He believes Mr. Parker is very hard working, very knowledgeable, very responsive, but concerned that there is only one of him and he needs a bigger support team.
Mayor Green explained the hardship because the council members can’t call each other, but Mr. Parker can talk to each of the council members, collect information, and assemble the policy. We need to redo the organizational chart and be able to fund it. We have to establish what we want and what we can afford. He agrees that our work force is aging and we are losing a lot of people, but those people were expensive. If there’s a policy issue maybe we should set aside time on each agenda item to discuss it. Mr. Parker is just looking for direction from Council. If you have a subject matter, that’s discuss it.
C. COUNCIL COMMENTS
25. Comments/Concerns from Council Members
Councilman Pohlmann has a policy issue. He would like to see the new purchasing procedures include a policy that we go with American made products over low price. Mr. Parker advised that he is seeing that more and more in bid requirements. There will be a purchasing procedures workshop in April and we can discuss it then.
Councilman Burnette is glad to see the Governor had removed five people from a board because of Sunshine Law violations. He is glad he serves on a Council that follows the law. He asked about the flu shot program. He is excited about the neighborhood walks. Mr. Parker advised that a report is coming soon but the program is winding down. There are a few vials left that they want to donate.
Councilman Bob asked about the Woodlake subdivision repaving. Apparently there were problems with sewer lids. Mr. Parker advised that the sewer lids should have been reset and other concerns are being addressed. They are giving the City a list of handicapped residents. Councilman Ford advised Mr. Parker that there is apparently mold in Station 72 in the workout room. Mr. Parker said no one has advised him. Councilman Ford would like to see if the Riverwalk property could be cleaned up. Mr. Parker will check with the contractor. Councilman Ford would like to discuss a policy that the police department have a community policing team.
Mayor Green pointed out that information regarding the city is available to anyone and everyone. His concern for Mr. Parker would be that he doesn’t delegate very well, otherwise he is happy with Mr. Parker as the City Manager.
Mr. Parker advised Council of next week’s meetings in the neighborhoods: Monday, February 21, 2011 @ 7pm, Wednesday, February 23, 2011 @ 7pm, and Thursday, February 24, 2011 @ 7pm regarding the Spruce Creek Road drainage project. March meetings will include a series of workshops: March 1, 2011 is an update on the City’s Debt structure, March 15, 2011 is a discuss of mandates and a mandate workshop; and March 22, 2011 is a pension workshop. There was an article in the paper regarding RCC. There are some meetings set up in early March and another meeting coming up on Thursday (February 17, 2011) regarding County-wide dispatch.
Mayor Green is concerned that we haven’t seen anything from the County regarding true costs.
Mr. Parker also informed Council that the City of Daytona Beach has an agenda item this week that the City of Daytona Beach is looking for dispatch options.
Councilman Ford asked why the costs wouldn’t go on the county tax roll. Mr. Parker believes that may be what the discussion is about.
Mr. Parker informed Council that there will be a purchasing process workshop with the first meeting in April. Mayor Green discussed having a new process. Mr. Parker said Tom Cinefro, the City’s new purchasing coordinator is looking at the process from a private sector and has some ideas to make it better.
Mayor Allen Green
Kenneth W. Parker, City Manager